24
-
-
117.
In response to the question whether the University of Louvain report is “irrefutable” as
evidence confirming that the infection occurred via the blood transfusion coming from the
Red Cross, the expert witnesses quoted doctrine to the effect that in order to prove the
transmission of HIV, the genetic data provides the only reliable evidence of direct
epidemiological links between the infections. Specifically, they pointed out that it is used as
legal evidence to support potential criminal HIV infections.
In answer to the questions as to whether thrombocytopenic purpura may be triggered by the
HIV virus, the expert witnesses indicated that some HIV patients might have
thrombocytopenia, but that this illness has multiple causes. 138
On July 18, 2001, Bertha Regalado provided a preliminary investigation statement.139
118.
On July 19, 2001, the Director of the Humanitarian Clinic issued an affidavit indicating that
Pablo Arturo Monsalve’s duties as a haemotologist are performed as a “co-consultancy” in this clinic, such as
occurred in TGGL’s case on June 22, 1998.140
119.
On July 25, 2001, at the request of the defense it was declared that “the private prosecution
is abandoned due to a lapse of thirty days, and the claimant is definitively severed from the present suit, the
latter being maintained and supported by the intervention of the Public Prosecutor.” 141 On July 29, 2001,
TGGL’s mother requested the reversal of this decision and on July 31, 2001, her request was denied.142
120.
On August 1, 2001, Remigio Rolando Patiño Venegas made a statement. He was the doctor
who also examined TGGL at the Humanitarian Clinic. He observed that the transfusion was performed by the
nursing staff and that “he had complete confidence in the blood and platelet units sent by the Red Cross.”143
121.
On August 9, 2001, the file was delivered to the Azuay District Prosecutor (hereinafter “the
District Prosecutor”), who requested it in order to examine it.144 On August 22, 2001, the District Prosecutor
requested certain essential “procedural steps” from the Fourth Court.145
122.
On August 28, 2001, the expert witnesses Nardo and Vivar related the procedures for taking
the samples that were sent to the Catholic University of Louvain.146
138 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05.
Superior Court of Justice of Cuenca. First Chamber. Response of the Expert Witnesses Peralvo and Vivar of July, aa, 2001. Folios 176 - 185.
139 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05.
Superior Court of Justice of Cuenca. First Chamber. Statement of Bertha Regalado of July 18, 2001. Folio 188.
140 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05.
Superior Court of Justice of Cuenca. First Chamber. Affidavit of July 19, 2001. Folio 189.
141 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05.
Superior Court of Justice of Cuenca. First Chamber. Order of July 25, 2001. Folio not numbered between 193 and 194.
142 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05.
Superior Court of Justice of Cuenca. First Chamber. Request and Decision of July 29, and 31, 2001, respectively. Folio 195.
143 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05.
Superior Court of Justice of Cuenca. First Chamber. Statement of Remigio Rolando Patiño of August 1, 2001. Folio 196.
144 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05.
Superior Court of Justice of Cuenca. First Chamber. Statement of Bertha Regalado of July 18, 2001. Folio 200.
145 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05.
Superior Court of Justice of Cuenca. First Chamber. Communication of the District Prosecutor of August 22, 2001. Folio 201.
He specifically requested amplification of the Expert Witnesses’ report in regard to the following queries: i) how and when were the
blood samples to be sent to the University of Louvain taken and who supervised them?’ ii) Was Mr. HS present at the time the samples
were taken?; and iii) who was the individual in charge of sending the samples to the University of Louvain? He also requested Ana
Cordero’s statement.
146 Annex 2. Court File. Second Criminal Court of Cuenca. Incorporated into Annex 1, Court File. Civil Action No. 323 05.
Superior Court of Justice of Cuenca. First Chamber. Brief of the expert witnesses Peralvo and Vivar of August 29, 2000. Folios 212 and
213. They pointed out that the samples were taken on July 27, 2000, in the Clinical Laboratory of Dr. Patricia Silva, where TGGL and her
mother came, together with two adult males, and the Technical Secretary of the Azuay AIDS network, Ana Cordero Cueva. They added